BILL ANALYSIS                                                                                                                                                                                                            1
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                 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                DEBRA BOWEN, CHAIRWOMAN
          

          AB 2758 -  Berg                                   Hearing Date:   
          June 22, 2004              A
          As Introduced: February 20, 2004        FISCAL           B

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                                       DESCRIPTION
           
           Current law  establishes it's the policy of the state to assure the  
          continued affordability and widespread availability of high  
          quality telecommunications service to all Californians.

           Current law  establishes the California High Cost Fund-A  
          Administrative Committee Fund (CHCF-A) and the California High  
          Cost Fund-B Administrative Committee Fund (CHCF-B).  These funds,  
          which are funded by surcharges on telephone bills, subsidize the  
          cost of providing telephone service to high cost, mostly rural  
          areas.  These programs sunset on January 1, 2005.

           Current law  establishes a grant program of up to $10 million  
          annually to subsidize the cost of providing telephone service to  
          areas where it doesn't currently exist.  The money comes from the  
          CHCF-A or CHCF-B funds, as determined by the California Public  
          Utilities Commission (CPUC).  This program sunsets on January 1,  
          2006.

           This bill  extends the sunset until January 1, 2008.

                                       BACKGROUND
           
          California has long embraced a policy of universal telephone  
          service.  That policy has resulted in rate subsidies for  
          low-income and rural telephone users, as well as subsidies to  
          extend telephone wiring to people who aren't located near an  
          existing telephone plant.  However, some communities are so far  
          away from an existing telephone plant that the cost of extending  
          telephone service to them will never be recouped, even with the  
          existing subsidies.  

          To compensate for that economic reality, AB 140 (Strom-Martin),  








        Chapter 903, Statutes of 2001, was enacted to create the grant  
        program extended by this bill.  The program subsidizes the  
        facilities to serve those remote, unserved communities.   A report  
        by the State Auditor estimated 112,000 people live in areas where  
        telephone service isn't offered.  The program established by AB  
        140 provides service to communities which don't have service, in  
        contrast to the existing CHCF-A and CHCF-B programs, which  
        subsidize customers who already have service.

        The grant program is needs based in that the median income of the  
        community to be served cannot exceed the level used in the  
        Universal Lifeline Telephone Service Index.  Grant applicants must  
        also seek federal resources.  Applications must have the support  
        of local government and law enforcement, as well as commitment  
        letters from 75% of the potential local customers.  The program is  
        technology neutral in that any technology providing telephone  
        service, from wireline to wireless, may be used.  Grants are  
        awarded by the CPUC.




































                                        COMMENTS
           
           1.Program Turmoil Drives Desire To Extend Sunset Early  .  The  
            2001-02 budget crisis resulted in elimination of funding for  
            this program and a reallocation of staff resources in March  
            2002, but program funding was reinstated in the 2003-04 fiscal  
            year.  Earlier this year, the CPUC staff conducted meetings in  
            Coachella, Independence, Lakeport, Susanville, and Eureka to let  
            interested parties know about this program.  Grants were awarded  
            this month to programs in Humboldt, Trinity, and Placer counties  
            where citizens have never received telephone service.  As these  
            are the first grant awards, the 2006 sunset date on the program  
            won't provide for an adequate amount of time to evaluate the  
            effectiveness of the program.  By extending the sunset date for  
            two years, the author believes the program will be able to  
            establish a track record upon which any subsequent decision to  
            extend or eliminate the program can be made.

           2.Related Legislation  .  SB 1276 (Bowen) changes the sunset dates  
            of the CHCF-A and the CHCF-B programs from January 1, 2005 to  
            January 1, 2009.  Absent the continuation of the subsidy to pay  
            for these programs, there won't be any money available to pay  
            for the program extended by this bill.  As such,  the author and  
            committee may wish to consider  making enactment of this measure  
            contingent on the enactment of SB 1276.  Furthermore,  the author  
            and committee may wish to consider  changing the sunset date in  
            this bill from January 1, 2008, to January 1, 2009, to mirror  
            the sunset date in SB 1276.  

            SB 1276 was approved by the Senate earlier this year and is  
            pending before the Assembly Appropriations Committee.

           3.Technically Speaking.   Because this program is paid for out of  
            the CHCF-A and CHCF-B funds, it is referenced in Sections 275  
            and 276 of the Public Utilities Code.  An extension of the  
            sunset date means that the section references must also be  
            updated.
                                            
                                      PRIOR VOTES
           
          Assembly Floor                     (78-0)
          Assembly Appropriations Committee  (21-0)
          Assembly Utilities and Commerce Committee                       
          (12-0)

                                        POSITIONS
           







         Sponsor:
         
        Author

         Support:
         
        California State Rural Health Association
        SBC

         Oppose:
         
        None on file


        Randy Chinn 
        AB 2758 Analysis
        Hearing Date:  June 22, 2004